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500, "760 sq ft addition to existin, CorrespondenceCi4f alRolling Jl,•PF CERTIFIED MAIL September 16, 1993 Mr. & Mrs. Paul Hennessey 12 Johns Canyon Road Rolling Hills, CA 90274 INCORPORATED JANUARY 24, 1957 NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CALIF. 90274 (310) 377.1521 FAX (310) 377.7288 SUBJECT: APPEAL PERIOD AND AFFIDAVIT OF ACCEPTANCE FORM ZONING CASE NO. 500, 12 JOHNS CANYON ROAD (LOT 170-A-7-MS) RESOLUTION NO. 93-29 Dear Mr. & Mrs. Hennessey: This letter shall serve as official notification that Zoning Case No. 500 was APPROVED by the Planning Commission and the enclosed resolution was approved on September 7, 1993 at a regular meeting. The Planning Commission's decision was reported to the City Council at their regular meeting on September 13, 1993. The approval will become effective: (1) Thirty (30) days after adoption of the Planning Commission's resolution if no appeals are filed within that time period (Section 17.54.010(B) of the Rolling Hills Municipal Code attached), AND (2) An Affidavit of Acceptance Form and the subject resolution must be filed by you with the County Recorder. We have enclosed a copy of RESOLUTION NO. 93-29, specifying the conditions of approval set forth by the Planning Commission and the approved Exhibit A Development Plan to keep for your files. Once you have reviewed the Resolution, please complete the enclosed AFFIDAVIT OF ACCEPTANCE FORM, have the signature(s) notarized, and forward the completed form and a copy of Resolution 93-29 to: Los Angeles County Registrar -Recorder Real Estate Records Section 12400 East Imperial Highway Norwalk, CA 90650 Include a check in the amount of $5.00 for the first page and $3.00 for each additional page. ®Printed on Recycled Paper • • Page 2. The City will notify the Los Angeles County Building & Safety Division to issue permits only when the Affidavit of Acceptance is received by us and any conditions of the Resolution required prior to issuance of building permits are met. Please feel free to call me at (310) 377-1521 if you have any questions. z6, LOLA UNG PRINCIPAL PLANNER ENCLOSURES: RESOLUTION NO. 93-29 AND EXHIBIT A DEVELOPMENT PLAN, AFFIDAVIT OF ACCEPTANCE FORM, AND APPEAL SECTION OF THE ROLLING HILLS MUNICIPAL CODE. cc: Mr. John Bartosik certifid\Hennessey • • Ex/p/bi74 Nv ,. RESOLUTION NO. 93-29 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS GRANTING A VARIANCE TO PERMIT THE ENCROACHMENT OF A GYMNASIUM ADDITION INTO THE FRONT YARD SETBACK AT AN EXISTING SINGLE FAMILY RESIDENCE IN ZONING CASE NO. 500. THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS DOES HEREBY FIND, RESOLVE AND ORDER AS FOLLOWS: Section 1. Applications were duly filed by Mr. and Mrs. Paul Hennessey with respect to real property located at 12 Johns Canyon Road, Rolling Hills (Lot 170-A-7-MS) requesting a Variance to permit an encroachment into the front yard setback to construct a gymnasium addition at an existing single family residence. Section 2. The Planning Commission conducted a duly noticed public hearing to consider the application on June 15, 1993, July 20, 1993, and August 17, 1993, and at field trip visits on July 15, 1993 and August 10, 1993. Section 3. The Planning Commission finds that the project is categorically exempt from environmental review under the California Environmental Quality Act pursuant to a Class 3 exemption provided by Section 15303 of the State CEQA Guidelines. Section 4. Section 17.38.010(A) permits approval of a Variance from the standards and requirements of the Zoning Ordinance when exceptional or extraordinary circumstances applicable to the property • and not applicable to other similar properties in the same zone prevent the owner from making use of a parcel of property to the same extent enjoyed by similar properties. A Variance to Section 17.16.110 is required to construct a gymnasium addition to the residence in the fifty (50) foot front yard setback: The applicant is requesting a 760 square foot gymnasium addition that will encroach up to a maximum of twenty-five (25) feet into the front yard setback. The Planning Commission finds: A. There are exceptional and extraordinary circumstances and conditions applicable to the property and the intended use that do not apply generally to the other property in the same vicinity and zone. The Variance is necessary because the existing legal nonconforming residence was built at an angle within the front yard setback and though building pad coverage will be 68.9%, the residence is adjoined by gentle slopes which expand the openness of the building pad and give the illusion of a much larger pad. B. This Variance is necessary for the preservation and enjoyment of a substantial property right possessed by other property in the same vicinity and zone, but which is denied to the property in question. The Variance is necessary because the proposed. addition will be aligned with the corners of the garage and guest house which encroach into the curved front yard setback. The proposed addition protrudes seven feet beyond one corner of the existing garage and one RESOLUTION NO. 93-29 PAGE 2 foot beyond one corner of the existing guest house on this angular corner lot. Also, the Variance will permit the development of the property in a manner similar to development patterns on surrounding properties. C. The granting of this Variance will not be materially detrimental to the public welfare or injurious to the property or improvements in the vicinity or zone in which the property is located because the residence is secluded by tall trees and landscaping. Development on the pad will allow a substantial portion of the lot to remain undeveloped. Section 5. Based upon the foregoing findings, the Planning Commission hereby approves the Variance to encroach into the front yard setback to permit an encroachment up to a maximum of 25 feet into the front yard to construct a gymnasium addition as indicated on the Development Plan attached hereto as Exhibit A subject to the conditions contained in Section 6. Section 6. The Variance to the front yard setback for the encroachment of a gymnasium addition as approved in Section 4 is subject to the following conditions: A. The Variance shall expire unless used within one year from the effective date of approval as defined in Section 17.38.070 0(A)(1) of the Municipal Code. B. It is declared and made a condition of the Variance approval, that if any conditions thereof are violated; the Permit shall be suspended and the privileges granted thereunder shall lapse; provided that the applicant has been given written notice to cease such violation and has failed to do so for a period of thirty (30) days. C. All requirements of the Zoning Ordinance and of the zone in which the subject property is located must be complied with unless otherwise set forth in the Permit, or shown otherwise on an approved plan. D. The lot shall be developed and maintained in substantial conformance with the development plan on file marked Exhibit A except as otherwise provided in these conditions. The proposed gymnasium addition shall not encroach more than 25 feet into the front yard setback. E. Openness•of the building pad described in Section 4.A shall be maintained and coverage on the building pad shall not exceed 68.9%. F. Existing landscaping located between the house and Johns Canyon Road shall be preserved and maintained, to the maximum extent feasible. RESOLUTION NO. 93-29 PAGE 3 G. Prior to the submittal of an applicable final grading plan to the County of Los Angeles for plan check, a detailed grading and drainage plan with related geology, soils and hydrology reports that conform to the Development Plan as approved by the Planning Commission must be submitted to the Rolling Hills Planning Department staff for their review. Cut and fill slopes must conform to the City of Rolling Hills standard of 2 to 1 slope ratio. H. The project must be reviewed and approved by the Rolling Hills Community Association Architectural Review Committee prior to the issuance of any building or grading permit. I. The working drawings submitted to the County Department of Building and Safety for plan check review must conform to the development plan approved with this application. J. Any modifications to the project which would constitute a modification to the development plan as approved by the Planning Commission shall require the filing of an application for modification of the Zoning Case. K. The applicant shall execute an Affidavit of Acceptance of all conditions of this Variance, pursuant to Section 17.38.060, or the approval shall not be effective. L. All conditions of this Variance approval must be complied with prior to the issuance of a building or grading permit from the County of Los Angeles. PASSED, APPROVED AND ADOPTED THIS 7TH DAY OF SEPTEMBER, 1993. EVIE HANKINS, ACTING CHAIR ATTEST: MARILYN KE , DEPUTY CITY CLERK RESOLUTION NO. 93-29 PAGE 4 The foregoing Resolution No. 93-29 entitled: A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS GRANTING A VARIANCE TO PERMIT THE ENCROACHMENT OF A GYMNASIUM ADDITION INTO THE FRONT YARD SETBACK AT AN EXISTING SINGLE FAMILY RESIDENCE IN ZONING CASE NO. 500. was approved and adopted at an adjourned regular meeting of the Planning Commission on September 7, 1993 by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: Commissioners Frost, Raine and Acting Chairman Hankins None Commissioner Lay Commissioner Roberts 1734.010 • 17.54 APPEALS 17.54.010 Time for Filing Appeals A. All actions of the Planning Commission authorized by this Title may be appealed to the City Council. All appeals shall be filed in writing with the City Clerk. B. All appeals must be filed on or before the 30th calendar day after adoption of the Planning Commission's resolution on the project or application. Application fees shall be paid as required by Section 1730.030 of this Title. C. Within 30 days after the Planning Commission adopts a resolution which approves or denies a development application, the City Clerk shall place the resolution as a report item on the City Council's agenda. The City Council may, by an affirmative vote of three members, take jurisdiction over the application. In the event the City Council takes jurisdiction over the application, the Planning Commission's decision will be stayed until the City Council completes its proceedings in accordance with the provisions of this Chapter. 17.54.020 Persons Authorized to File an Appeal Any person, including the City Manager, may appeal a decision of the Planning Commission to the City Council, in accordance with the terms of this Chapter. 17.54.030 Form, Content, and Deficiencies in an Appeal Application A. All appeals shall be filed in writing with the City Clerk on a form or forms provided by the City Clerk. No appeal shall be considered filed until the required appeal fee has been received by the City Clerk. B. The appeal application shall state, at a minimum, the name and address of the appellant, the project and action being appealed, and the reasons why the appellant believes that the Planning Commission erred or abused its discretion, or why the Planning Commission's decision is not support by evidence in the record. 76 ROLLING HILLS ZONING MAY 24,1993 • • 1754.030 C. If the appeal application is found to be deficient, the City Clerk shall deliver or mail (by certified mail), to the appellant a notice specifying the reasons why the appeal is deficient. The appellant shall correct the deficiency with an amendment to the appeal form within seven calendar days of receiving the deficiency notice. Otherwise, the appeal application will be deemed withdrawn, and the appeal fee will be returned to the applicant. 17.54.040 Request for Information Upon receipt of a written and complete appeal application and fee, the City Clerk shall direct the Planning Commission Secretary to transmit to the City Council the complete record of the entire proceeding before the Planning Commission. 17.54.050 Scheduling of Appeal Hearing Upon receiving an appeal, the City Clerk shall set the appeal for a hearing before the City Council to occur within 20 days of the filing of the appeal. In the event that more than one appeal is filed for the same project, the Clerk shall schedule all appeals to be heard at the same time. 17.54.060 Proceedings A. Noticing The hearing shall be noticed as required by Section 17.30.030 of this Title: In addition, the following parties shall be noticed: 1. The applicant of the proposal being appealed; 2. The appellant; and 3. Any person who provided oral testimony or written comments to the Planning Commission during or as part of the public hearing on the project. B. Hearing The City Council shall conduct a public hearing pursuant to the provisions of Chapter 17.34 of this Title. The Council shall consider all information in the record, as well as additional information presented at the appeal hearing, before taking action on the appeal. ROLLING HILLS ZONING 77 MAY u, 1993 17.54.060 C. Action The Council may act to uphold, overturn, or otherwise modify the Planning Commission's original action on the proposal, or the Council may remand the application back to the Planning Commission for further review and direction. The Council shall make findings to support its decision. D. Finality of Decision The action of the City Council to approve, conditionally approve, or deny an application shall be final and conclusive. E. Record of Proceedings The decision of the City Council shall be set forth in full in a resolution or ordinance. A copy of the decision shall be sent to the applicant or the appellant. 17.54.070 Statute of Limitations Any action challenging a final administrative order or decision by the City made as a result of a proceeding in which by law a hearing is required to be given, evidence is required to be taken, and discretion regarding a final and non -appealable determination of facts is vested in the City of Rolling Hills, the City Council, or in any of its Commissions, officers, or employees, must be filed within the time limits set forth in the California Code of Civil Procedure, Section 1094.6 78 ROLLING HILLS ZONING MAY 24.1993 V.aeYacc.-r RECORDING REQUESTED BY AND MAIL TO: Recorder's Use CITY OF ROLLING HILLS 2 PORTUGUESE BEND ROAD ROLLING HILLS, CA 90274 Please record this form with the Registrar -Recorder's Office and return to: City of Rolling Hills, 2 Portuguese Bend Road Rolling Hills, 'CA 90274 (The Registrar -Recorder's Office requires that the form be notarized before recordation). ACCEPTANCE FORM STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss ZONING CASE NO. Snn SITE PLAN REVIEW VARIANCE x CONDITIONAL USE PERMIT I (We) the undersigned state: I am (We are) the owner(s) of the real property described as follows: 12 Johns Canyon Road (Lot 170-A-7-MS) Rolling Hills, CA This property is the subject of the above numbered cases. I am (We are) aware of, and accept, all the stated conditions in said ZONING CASE NO. inn SITE PLAN REVIEW VARIANCE CONDITIONAL USE PERMIT I (We) certify (or declare) under the penalty of perjury that the foregoing is true and correct. Print Owner Name Signature Address City/State Print Owner Name Signature Address City/State Signatures must be acknowledged by a notary public. State of County of On this the day of the undersigned Notary Public, personally appeared 19___, before me, ❑ personally known to me ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) subscribed to the within instrument, and acknowledged that executed it. WITNESS my hand and official seal. Notary's Signature See Exhibit °A" attached hereto and made a part hereof • • 2 C- NO, Soo 5. Signature (Addressee) 6. Sig ture (Agent) PS 4 or 1t 1, Novelmber 1990 P 115 976 971 1 Tr ummumz OWED STATES POSTAL SERVICE Receipt for Certified Mail No Insurance Coverage Provided Do not use for International Mail (See Reverse) Sent to 3,i/m �arnPssu� Street and No State and ZIP Code Postage ..• Certified Fee Special Delivery Fee j . 'Rosh —toted Delivery Fee f r' Return Receipt Showing cn to Whom & Date Delivered r d' C "'t TO7*ALPostage—:• <.:::"... ' O &'Fees ' f_....- ,:; C' Posimark:or Date' µ t' CIi tom, a r 1ti1 o � tj a ,E fi trs./ ,::" SENDER: Return Receipt Showing to Whom. Date, ag4.0Ilefr41'+e:4 Address $ 15o /•Oa $ 3, 9a • Complete Items 1 and/or 2 for additional services. • Complete items 3, and 4a & b. • Print your name and address on the reverse of this form so that we can return this card to you. • Attach this form to the front of the mailpiece, or on the back if space does not permit. • Write "Return Receipt Requested" on the mailpiece below the article number. • The Return Receipt Fee will provide you the signature of the person delivered to and the date of delivery. Consult postmaster for fee. 3. Article Addressed to: 1 4a. Article Number la O'ohrs S ,� I also wish to receive the following services (for an extra fee): 1. 0 Addressee's Address 2. 0 Restricted Delivery % 4b. Service Type 0 Registered 0 Insured J�,, 1i Certified El COD ' /4em5 A 96a Express Mail 0 Return Receipt for Merchandise 7.,Qat of Dellive�y C�1 ///— I d� r-7/ 8. Addressee/s A' dress (Only if requested a d fee is paid) U.S. GPO: 1991-287.a8e DOMESTIC RETURN RECEIPT 411 �o���G HI( . cs o �^ O a- ao r _z August 18, 1993 • DDD Or /Difing, INCORPORATED JANUARY 24, 19 Mr. and Mrs. Paul Hennessey 12 Johns Canyon Road Rolling Hills, CA 90274 NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CALIF. 90274 (310) 377.1521 FAX (310) 377-7288 SUBJECT: Zoning Case No. 500, Request for a Variance to permit the encroachment of a gymnasium addition into the front yard setback at an existing single family residence at 12 Johns Canyon Road (Lot 170-A-7-MS) ' Dear Mr. and Mrs. Hennessey: This letter shall serve as official notification that Zoning Case No. 500 was APPROVED by the Planning Commission at their regular meeting on August 17, 1993. The final Resolution and conditions of APPROVAL will be forwarded to you after they are signed by the Planning Commission Chairman and City Clerk. The Planning Commission's decision will be reported to the City Council at their regular meeting on September 13, 1993. You should also be aware that the decision of the Planning Commission may be appealed within thirty days after adoption of the Planning Commission's Resolution (Section 17.54.010(B) of the Rolling Hills Municipal Code). Feel free to call me at (310) 377-1521 if you have any questions regarding this matter. Sincerely, LOLA M. UNGAR PRINCIPAL PLA cc: Mr. John Bartosik ®Printed on Recycled Paper. • City 0/ leolling _WA August 11, 1994 Mr. and Mrs. Paul Hennessey 12 Johns Canyon Road Rolling Hills, CA 90274 SUBJECT: EXPIRATION OF APPROVALS RESOLUTION NO. 93-29 ZONING CASE NO. 500 Dear Mr. Paul Hennessey INCORPORATED JANUARY 24, 1957 NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CALIF. 90274 (310) 377.1521 FAX: (310) 377.7288 We would like to remind you that your approvals in the subject zoning case will expire on September 7,1994. You can extend approvals for one year only if you apply to the Planning Commission in writing to request an extension prior to the expiration date. The filing fee for the time extension is $200 to be paid to the City of Rolling Hills. Feel free to call me at (310) 377-1521 if you have any questions. Sincerely, PRINCIPAL PLANNER ®Printed on Recycled Paper. • C1iy 0lRO//t ,.9 � July 22, 1993 Mr. and Mrs. Paul Hennessey 12 Johns Canyon Road Rolling Hills, CA 90274 INCORPORATED JANUARY 24, 1957 NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CALIF. 90274 (310) 377-1521 FAX: (310) 377-7288 SUBJECT: Zoning Case No. 500, Request for a Variance to permit the encroachment of a gymnasium addition into the front yard setback at an existing single family residence at 12 Johns Canyon Road (Lot 170-A-7-MS) Dear Mr. and Mrs. Hennessey: We have arranged for the Planning Commission to conduct a field inspection of your property to view a silhouette of the proposed project on Tuesdav, August 10, 1993. The Planning Commission will meet at 5:30 PM at your residence. The site must be prepared with a full-size WOODEN silhouette of the proposed proiect showing the roof ridge and bearing walls. We have enclosed Silhouette Construction Guidelines. *The owner and/or representative should be present to answer any questions regarding the proposal. Feel free to call me at (310) 377-1521 if you have any questions. Sincerely, r LOLA M. UNGAR PRINCIPAL PLANNER cc: Mr. John Bartosik ®Printed on Recycled Paper. �'i cl /E'Of.fl/h/t INCORPORATED JANUARY 24, 1957 NO 2 PORTUGUESE BEND ROA: ROLLING HILLS. CALIF. 90274 (2131377.1521 FAX: 1213, 377.7288 SILHOUETTE CONSTRUCTION GUIDELINES 1. When required by the Planning Commission or City Council, a silhouette of proposed construction should be erected for the week preceding the designated Planning Commission or City Council meeting. The Silhouette shall not remain erected for a period longer than one week unless directed by the Planning Commission or City Council. 2. Silhouettes should be constructed with 2" x 4" lumber. Printed boards are not acceptable. 3. Bracing should be provided where possible. 4. Wire, twine or other suitable material should be used to delineate roof ridges and eaves. 5. Small pieces of cloth or flags should be attached to the wire or twine to aid in the visualization of the proposed construction. 6. The application may be delayed if inaccurate or incomplete silhouettes are constructed. 7. If you have any futher questions contact the Planning Department Staff at (213) 377-1521. • V 17 • :: •• SECTION I l 1 I PLAN • • City ./ _WA June 17, 1993 Mr. and Mrs. Paul Hennessey 12 Johns Canyon Road Rolling Hills, CA 90274 INCORPORATED JANUARY 24, 1957 NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CALIF. 90274 (310) 377-1521 FAX (310) 377-7288 SUBJECT: Zoning Case No. 500, Request fora Variance to permit the encroachment of a gymnasium addition into the front yard setback at an existing single family residence at 12 Johns Canyon Road (Lot 170-A-7-MS) Dear Mr. and Mrs. Hennessey: We have arranged for the Planning Commission to conduct a field inspection of your property to view a silhouette of the proposed project on Thursday. July 15, 1993. The Planning Commission will meet at 5:30 PM at 6 Williamsburg Lane for a time and then proceed to the other scheduled project sites. Do not expect the Commission at 5:30 PM, but be assured that the field trip will take place before 8 PM. The site must be prepared with a full-size silhouette of the proposed protect showing the roof ridge and bearing walls. We have enclosed Silhouette Construction Guidelines. The owner and/or representative should be present to answer any questions regarding the proposal. Feel free to call me at (310) 377-1521 if you have any questions. Sincerely, LOLA M. UNGAR PRINCIPAL PLANNER cc: Mr. John Bartosik ® =•anted on Recycled Paper • • �`�MG I( H� os 0 1� • 1l44t�O /?Otfiflgg /I S INCORPORATED JANUARY 24, 1957 SILHOUETTE CONSTRUCTION GUIDELINES, NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CALIF. 90274 (213) 377-1521 FAX (213) 377-7288 1. When required by the Planning Commission or City Council, a silhouette of proposed construction should be erected for the week preceding the designated Planning Commission or City Council meeting. The Silhouette shall not remain erected for a period longer than one week unless directed by the Planning Commission or City Council. 2. Silhouettes should be constructed with 2" x 4" lumber. Printed boards are not acceptable. 3. Bracing should be provided where possible. 4. Wire, twine or other suitable material should be used to delineate roof ridges and eaves. 5. Small pieces of cloth or flags should be attached to the wire or twine to aid in the visualization of the proposed construction. 6. The application may be delayed if inaccurate or incomplete silhouettes are constructed. 7. If you have any futher questions contact the Planning Department Staff at (213) 377-1521. SECTION I at PLAN • +�-411 • Cii ol RO/A JUL STATUS OF APPLICATION May 21, 1993 Mr. and Mrs. Paul Hennessey 12 Johns Canyon Road Rolling Hills, CA 90274 INCORPORATED JANUARY 24, 1957 NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS. CALIF. 90274 (310) 377.1521 FAX (310) 377.7288 SUBJECT: Zoning Case No. 500, Request for a Variance to permit the encroachment of a gymnasium addition into the front yard setback at an existing single family residence at 12 Johns Canyon Road (Lot 170-A-7-MS) Dear Mr. and Mrs. Hennessey: Pursuant to state law the City's staff has completed a preliminary review of the application noted above and finds that the information submitted is: X Sufficiently complete as of the date indicated above to allow the application to be processed. Please note that the City may require further information in order to clarify, amplify, correct, or otherwise supplement the application. If the City requires such additional information, it is strongly suggested that you supply that information promptly to avoid any delay in the processing of the application. Additional Information/Requirements: 1. Please complete, sign and return the Owner's Declaration (attached). Your application for Zoning Case No. 500 has been set for public hearing consideration by the Planning Commission at their meeting on Tuesday, June 15, 1993. The meeting will begin at 7:30 PM in the Council Chambers, Rolling Hills City Hall Administration Building, 2 Portuguese Bend Road, Rolling Hills. You or your designated representative must attend to present your project and to answer questions. The staff report for this project will be available at the City Hall after 3:00 PM on Friday, June 11, 1993. Please arrange to pick up the staff report to preview it prior to the hearing. Please call me at (310) 377-1521 if you have any questions. ®Printed on Recycled Paper. • PAGE 2 Sincerely, 4 Cif, LOLA M. UNGAR PRINCIPAL PLANNER cc: Mr. John Bartosik